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Divorce Waiver

Divorce Waiver Template for India

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Key Requirements PROMPT example:

Divorce Waiver

"I need a Divorce Waiver under Indian law for a mutual consent divorce where both parties agree to waive all financial claims against each other, with a one-time settlement of Rs. 25 lakhs to be paid by March 2025."

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Document background
A Divorce Waiver is a critical document in Indian divorce proceedings used when separating spouses wish to formally relinquish certain rights and claims against each other. It's particularly relevant in cases of mutual consent divorce under Indian law, where parties want to ensure a clear and final settlement of their matrimonial rights and obligations. The document must comply with various Indian legislations including personal laws (such as the Hindu Marriage Act 1955), the Indian Contract Act 1872, and relevant provisions of maintenance laws. The waiver typically addresses financial claims, property rights, maintenance obligations, and other matrimonial rights, while ensuring that mandatory legal provisions and public policy considerations under Indian law are not violated. This document is essential for couples seeking a clean break divorce and wanting to prevent future legal disputes regarding waived rights.
Suggested Sections

1. Parties: Full legal names and addresses of both parties to the divorce

2. Background: Brief history of marriage, divorce proceedings status, and intent to waive certain rights

3. Definitions: Key terms used in the document including 'matrimonial assets', 'maintenance', 'alimony'

4. Voluntary Execution: Declaration that both parties are entering into the waiver voluntarily and with full understanding

5. Rights Being Waived: Detailed listing of all rights being waived by each party

6. Financial Settlement: Terms of any financial settlement and waiver of future financial claims

7. Mutual Release: General mutual release of claims between parties

8. Independent Legal Advice: Confirmation that both parties have received independent legal counsel

9. Governing Law: Specification that the waiver is governed by Indian law

10. Severability: Clause stating that if any provision is invalid, others remain enforceable

11. Execution: Signature blocks and witnessing requirements

Optional Sections

1. Child Custody and Support: Required when the divorcing couple has children, detailing custody arrangements and support obligations being waived

2. Business Interests: Needed when parties have joint business interests or shared commercial assets

3. Inheritance Rights: Required when specifically waiving future inheritance rights

4. Future Maintenance: Specific section for waiving future maintenance rights beyond initial settlement

5. Religious Requirements: Needed for marriages under religious personal laws with specific requirements

6. International Assets: Required when parties have assets in multiple countries

7. Intellectual Property Rights: Needed when parties have joint IP rights or creations during marriage

Suggested Schedules

1. Schedule A - Asset List: Comprehensive list of all matrimonial assets being divided

2. Schedule B - Liabilities: List of all joint liabilities and their allocation

3. Schedule C - Financial Settlement Details: Detailed breakdown of any financial settlement amounts and payment terms

4. Schedule D - Property Details: Specific details of any real estate properties involved

5. Appendix 1 - Legal Advice Certificates: Certificates from respective lawyers confirming independent legal advice

6. Appendix 2 - Supporting Documents: Copies of relevant documents referenced in the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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